The Allahabad High Court has held that an accused already protected by an interim bail order in a case cannot be arrested by the police merely because additional sections are later added or altered in the same case. Justice Samit Gopal directed that Durgesh Yadav be released on bail and ordered an inquiry into the conduct of the police officers involved in his arrest.
Background of the Case
The case arose from an FIR lodged on March 28, 2026, concerning an alleged assault on Subhash Ram at his tea shop in Azamgarh. The FIR invoked provisions of the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act.
The injured person was medically examined and later underwent treatment, including surgery, for serious head injuries.
Yadav was granted interim bail by the Special Judge, SC/ST Act, Azamgarh on April 9. The protection was subsequently extended on several dates, including April 28, April 29 and May 5. The court record showed that on some of these dates, the prosecution papers and case diary were not available before the trial court.Despite the interim bail continuing, Yadav was arrested on May 6.
Court’s Observation
The High Court examined whether the police could arrest him after additional sections had been incorporated into the case. The State argued that the bail had initially been granted under sections different from those in which the investigation was subsequently proceeding.
The High Court rejected that approach, holding:
“If an accused is already on bail in some sections and there is subsequent addition of other sections against him during the course of investigation, then arrest of the accused by the police ignoring the earlier bail order was not permissible.”
The Court said the investigating agency should instead have approached the court that had granted interim bail, informed it about the altered sections and awaited appropriate orders. It noted that the trial court itself had been unable to ascertain the actual sections being investigated because the police papers and case diary had not been produced before it.
The Court further observed that the police could not have proceeded to arrest the appellant while the interim bail order remained operative. It termed the concerned police officer’s action “arbitrary.”
Decision
Justice Samit Gopal allowed the criminal appeal and set aside the May 29, 2026 order of the Special Judge, SC/ST Act, Azamgarh. The Court directed that Durgesh Yadav be released on bail subject to specified conditions, including not influencing witnesses, attending the proceedings and not misusing the liberty of bail.
The High Court also directed the Senior Superintendent of Police, Azamgarh, to institute an inquiry into the conduct of the concerned police officers through an officer not below the rank of Additional Superintendent of Police.
A compliance report has been directed to be submitted to the High Court within three weeks.
Case Details
Case Title: Durgesh Yadav v. State of U.P. and Another
Case Number: Criminal Appeal No. 6131 of 2026
Judge: Justice Samit Gopal
Decision Date: August 12, 2026
